Obama to rescind Bush abortion rule

WASHINGTON (AP) — President Barack Obama wants to roll back a Bush administration rule that has become a flash point in the debate over a doctor's right to refuse to take part in abortions.

The regulation, instituted in the last days of the Bush administration, strengthened job protections for doctors and nurses who refuse to provide a medical service because of moral qualms. A Health and Human Services official said Friday the administration will publish notice of its intentions early next week, opening a 30-day comment period for advocates on both sides, medical groups and the public.

The official spoke on condition of anonymity because the notice has not been completed.

The Bush administration rule was quickly challenged in federal court by several states and medical organizations. As a candidate, President Barack Obama criticized the regulation and campaign aides promised that if elected, he would review it.

The news that he was doing so drew praise from abortion-rights supporters and condemnation from groups opposed to abortion.

"It would be a horrible move. These regulations were a long time coming," said Tom McClusky, a vice president at Family Research Council. "What they seek to do is protect patients, nurses, doctors and other health care professionals from being forced to violate their consciences."

McClusky and other abortion opponents said the Bush regulation clarified federal policies and raised awareness about the rights of medical providers to follow their consciences. But abortion rights advocates said it was vague and overly broad, and could reduce access to other services — allowing a drug store clerk to refuse to sell birth control pills, for example.

"I think it's a wonderful step," Rep. Diana DeGette, D-Colo., who co-chairs the Congressional Pro-choice Caucus and has introduced legislation to overturn the regulation, said of Obama's move.

"That rule was actually a poorly drafted last-minute attempt to, I think, restrict health care access and I think it would have had far-reaching and unintended consequences."

Federal law has long forbidden discrimination against health care professionals who refuse to perform abortions or provide referrals for them on religious or moral grounds. The Obama administration supports those laws, said the HHS official.

The Bush administration's rule adds a requirement that institutions that get federal money certify their compliance with laws protecting the rights of moral objectors. It was intended to block the flow of federal funds to hospitals and other institutions that ignore those rights.

But the Obama administration was concerned that the Bush regulation could also be used to refuse birth control, family planning services and counseling for vaccines and transfusions.

"The administration supports a tightly written conscience clause," said the HHS official. "While we are concerned about the Bush rule, we also understand there might be a need to clarify existing laws."

The administration will review comments from the public before making a final decision. Options range from repealing the regulation to writing a new one with a narrower scope.

The administration's move was first reported by the Los Angeles Times.

Replies to This Discussion

If it violates a health-care worker's conscience to treat a patient, they should find another job, and good riddance. Now let's hope some of the more repulsive Supreme Court justices, um, make way for some new ones.

Boycotting is a very effective method of getting the word out that not everyone agrees with the fundie retards who refuse to provide a service beause it goes against their conscience. It behooves us all the find out just who these doctors, pharmacists, and hospitals are who refuse to provode a legal service. Taking our business elsewhere will hit them where it hurts most.....the wallet. Let's see how devoted to their so-called principles they are when the cash dries up. I agree with Moonbeam. Especially about the supreme court of dottering senile old fools.

But what about taking away licenses of healthcare professionals who DO HARM by blocking women's access to medical procedures? Or at least restricting them to religious hospitals? With the latter there is no discrimination since they can practice according to their "values" and the rest of us are protected from them.